When an application for registration of a trademark is filed with the US Patent and Trademark Office (USPTO), a specimen must be included which demonstrates that the mark is being used in interstate commerce, a prerequisite for the approval of the application.

If the specimen is for a design mark (a logo) which utilizes 1 or more colors other than black & white, you have "claimed color" in your trademark application.

Is Claiming Color in Your Trademark Application Good or Bad?

Claiming color is neither good nor bad. However, it is something that should be done purposefully and at the right time for your particular enterprise.

Generally, your initial logo design mark application with the USPTO should be in black & white and should not claim color.

Why?

When your application for logo or design mark is approved by the USPTO, it is approved as-is. That means that, whatever you included in the design, is now what is protected. Exactly as displayed.

Therefore, if you included colors on a somewhat haphazard basis and not because they specifically identify your business in a necessary way (think the McDonalds Golden Arches!), then you have limited the scope of your trademark protection fairly drastically.

If you file an application with a black-and-white logo design specimen, you have succeeded in protecting the design itself without regard to whatever colors may or may not be included in the design in any public commercial application at any point.

So long as the basic design as used on signage, brochures, your website, your Amazon, Ebay, or Etsy storefront, the design will be protected by your trademark registration, even if you vary the colors from appearance to appearance.

When Would I Claim Color in My Trademark Registration Application?

Generally, color is best claimed when you have already protected your basic design with, first, a word mark (name) trademark application to protect your business name or slogan. Then, a design mark in black & white only to protect the essential logo design.

Then, once the design mark logo has been in commercial use for a long enough period of time that you have settled on a color scheme for the design that will not vary and that has come to be uniquely identified with your business and the particular product or service for which you have registered the mark, a third application utilizing color is then best filed.

As in comedy, timing is everything.

Detroit Trademark Attorneys: The Bottom Line on Claiming Color

The bottom line with regard to the registration of a trademark utilizing color is that retention of a knowledgeable trademark lawyer is essential to the success of the application with the USPTO.

The Hilla Law Firm is located in the Detroit area but represents clients nationally for trademark matters and offers free video or telephonic consultations.

Trademark Attorney - The Doctrine of Foreign Equivalents holds that trademark registration shall not be granted to a name or word that is confusingly similar to a mark in another common modern language that is already registered. The Hilla Law Firm - (734) 743-1489

Michigan Trademark Attorney: Registering a Federal trademark for a food product requires selection of an appropriate name, a proper trademark clearance search, and an application to the USPTO with the assistance of a knowledgeable trademark attorney - The Hilla Law Firm, PLLC (734) 743-1489

Michigan Trademark Attorneys: A full clearance search prior to filing a Federal trademark application is highly advisable to ensure both that your proposed mark is available and that you are not infringing another's. Call Hilla Law at (734) 743-1489 to discuss your trademark matter. Free, virtual consultations!

Detroit Trademark Lawyers - Certification trademarks are registered marks, insignias, logos, or designs used by third parties to demonstrate to consumers that they have met a certified standard - Hilla Law (734) 743-1489

Detroit Trademark Attorneys - Trademark Applications filed as intent-to-use will need to prove use in commerce within 6 months of allowance, with a limited number of extensions available. The Hilla Law Firm - (734) 743-1489

The Hilla Law Firm did an excellent job handling the trademark registration for my online business. In my case, the process turned out to be complicated as another business registered for a similar name. The Hilla Law Firm expertly handled the situation and my trademark was approved!
Kelly

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